APLH - Award for Personal Licence Holders Unauthorised Licensable Activities Questions and Answers

Question 1

A community group organises a ticketed event in a village hall, selling wine and beer to raise funds.
They do not hold a premises licence and have not obtained a Temporary Event Notice (TEN).
What is the potential maximum penalty for this offence?

Accepted Answer

An unlimited fine and/or up to 6 months imprisonment.

Answer

A written warning from the Licensing Authority and a requirement to apply for a TEN retrospectively.

Answer

A fixed penalty notice of £1,000.

Answer

A fine of up to £5,000 and a ban on future events for one year.

Question 2

Which of the following scenarios constitutes carrying on an unauthorised licensable activity?

Accepted Answer

A pub with a premises licence sells alcohol one hour after its permitted hours have ended.

Answer

A personal licence holder sells alcohol at a licensed premises where they are not the DPS.

Answer

A members' club provides free tea and coffee to guests after 11 pm.

Answer

A restaurant plays pre-recorded background music at a low volume during opening hours.

Question 3

The owner of a takeaway that does not have a premises licence for late night refreshment decides to sell hot food to customers at 1:00 am. What specific offence under the Licensing Act 2003 have they committed?

Accepted Answer

Unauthorised carrying on of a licensable activity.

Answer

Breach of the public nuisance objective.

Answer

Failure to employ a personal licence holder.

Answer

Selling food without a food hygiene certificate.

Question 4

A personal licence holder is working at a pub when its premises licence is suspended by the Licensing Authority. The personal licence holder decides to sell alcohol anyway, believing their own licence permits it. Which statement is correct?

Accepted Answer

They are committing the offence of carrying on an unauthorised licensable activity.

Answer

They are not committing an offence, as their personal licence authorises the sale.

Answer

They are only committing a civil offence, not a criminal one.

Answer

The offence is committed by the premises licence holder only, not the individual seller.

Question 5

Under the Licensing Act 2003, which of the following could be a valid legal defence for a person charged with carrying on an unauthorised licensable activity under section 136(1)(a)?

Accepted Answer

They took all reasonable precautions and exercised all due diligence to avoid the offence.

Answer

They were unaware that the activity required a licence.

Answer

The activity was for a registered charity.

Answer

They had submitted a licence application which was still being processed.

Question 6

A shop displays bottles of spirits for sale on its shelves with price tags, but its premises licence only permits the sale of alcohol until 10:00 pm. A customer attempts to buy a bottle at 10:30 pm but is refused by the staff. Which offence has still been committed?

Accepted Answer

Exposing alcohol for unauthorised sale.

Answer

Attempting to sell alcohol to a person who is drunk.

Answer

No offence has been committed as no sale took place.

Answer

Allowing disorderly conduct on the premises.

A community group organises a ticketed event in a village hall, selling wine and beer to raise funds.They do not hold a premises licence and have not obtained a Temporary Event Notice (TEN).What is the potential maximum penalty for this offence?

A community group organises a ticketed event in a village hall, selling wine and beer to raise funds.
They do not hold a premises licence and have not obtained a Temporary Event Notice (TEN).
What is the potential maximum penalty for this offence?